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State of Rajasthan - Section

Section 5 in Rajasthan Fisheries Act, 1953

5. Power to make rules.

(1)The State Government may, after previous publication, make rules for the purposes hereinafter in this section mentioned and may in such rules declare the waters, not being private waters, to which all or any of them shall apply.
(2)The State Government may also, by notification in the [Official Gazette] [Substituted by ibid.], apply such rules or any of them to any private waters with the consent in writing of the owner thereof and of all persons having for the time being any exclusive right of fishery therein,
(3)Such rules may-
(a)Prohibit or regulate all or any of the following matters, that is to say-
(i)the erection and use of fixed engines;
(ii)the construction, temporary or permanent, of weirs, dams and bunds;
(iii)the dimensions and kinds of the nets to be used and the modes of using them;
(iv)the methods of catching fish;
(b)prohibit, the destruction of, or any attempt to destroy, fish by guns, bows, arrows and the like;
(c)prohibit the destruction of, or any attempt to destroy fish by using any substance likely to cause pollution of water;
(d)prohibit the throwing into any water of any solid or liquid substances harmful to fish;
(e)Regulate the grant of [fishing licenses] [Substituted by Act 15 of 1964.] the fees payable therefor and the conditions to be inserted therein;
(f)prescribe the seasons in which the killing, catching or sale of fish of any prescribed species shall be prohibited; and
(g)prescribe the minimum size or weight below which no fish of any prescribed species shall be killed or sold.
(4)Such rules may also prohibit all fishing in any specified water for a specified period.
(5)In making any rule under this section the State Government may provide for:-
(a)the seizure, removal and forfeiture of any fixed engine or apparatus erected or used for fishing in contravention of the rules; and
(b)the forfeiture of any fish taken by means of any such fixed engine or apparatus.